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SPANEL v. PEGLER

No. 9128.

160 F.2d 619 (1947)

SPANEL et al. v. PEGLER et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied March 6, 1947.

Attorney(s) appearing for the Case

Max Swiren, Ben W. Heineman, and Joseph D. Block, all of Chicago, Ill. (Swiren Heineman & Antonow, of Chicago, Ill., of counsel), for appellants.

Floyd E. Thompson, of Chicago, Ill., for appellees.

Before EVANS and KERNER, Circuit Judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

Plaintiffs brought this action for libel against defendants who were responsible for the inception and publication of the alleged libelous article which appeared in a Chicago evening newspaper. Diversity of citizenship and the requisite amount in controversy resolved the question of jurisdiction. Defendant Pegler was not served, and the remaining two defendants, who were served and appeared, joined in a motion to dismiss the amended complaint...

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